North Suffolk Mental Health Association Inc., based in Chelsea, has agreed to a settlement with the U.S. Department of Labor that requires the organization to adopt comprehensive workplace safety procedures and policies aimed at protecting employees from violence—particularly by establishing protocols to prevent workers from being isolated with patients.
The agreement stems from the January 2011 murder of Stephanie Moulton, a 25-year-old case worker, who was killed by a patient at a North Suffolk facility located in Revere. The incident occurred in 2011.
Following Moulton’s death in January 2011, the Labor Department’s Occupational Safety and Health Administration issued a citation to North Suffolk in June 2011 for inadequate workplace violence protections.
Moulton worked as a senior on-site counselor and was alone with the patient when he abducted her, took her vehicle, and ultimately murdered her. The patient was subsequently arrested and later found mentally incompetent to stand trial. He remains indefinitely confined at Bridgewater State Hospital.
North Suffolk initially challenged the citation before the Occupational Safety and Health Review Commission. The settlement, which covers all North Suffolk programs, activities and workplaces, now resolves the dispute.
Service Employees International Union Local 509, representing certain affected employees, participated as a third party in the proceedings and is a signatory to the agreement.
“This resolution cannot restore the life that was taken. But it can help prevent future injuries and loss of life,” stated Marthe Kent, OSHA’s New England regional administrator. “Enhanced safeguards and training at all North Suffolk locations will equip workers with the knowledge and tools to protect themselves better against assault.”
“While North Suffolk had in place certain programs and policies to address workplace violence, what we sought in this litigation, and have achieved in this settlement, were improvements for all its locations. These policies are designed to reduce workplace violence substantially, which tragically accounts for injuries and even fatalities,” noted Michael Felsen, the department’s regional Solicitor of Labor for New England.
Under the settlement terms, North Suffolk must establish a dedicated written violence prevention program applicable to all client-related service programs across all locations. This program will encompass workplace controls and prevention strategies; hazard, threat and security assessments; a workplace violence policy emphasizing zero tolerance; incident reporting and investigation procedures; and regular program reviews.
The organization commits to requesting staff input and ensuring employee participation in the violence prevention program, including full membership opportunities on the company safety committee.
North Suffolk further agrees to implement the following measures company-wide, where not already in place:
•Establish procedures to promptly communicate any significant workplace violence incidents or threatening conduct to all staff members.
•Create procedures to track staff departing from North Suffolk sites; institute a buddy system for second and third shifts as warranted by risk assessments; allow staff to request additional coverage when they feel unsafe; and maintain documentation of such requests.
•Assess behavioral histories of new and transferred clients; maintain a system such as log books to flag clients exhibiting assaultive or threatening behavior; communicate relevant information to potentially exposed staff; train staff on the system; and establish protocols for responding to disruptive client behavior.
•Equip staff with dependable assistance-summoning devices—including electronic alarms, cell phones and walkie-talkies—for use at company premises, when alone with clients in community settings, and during client transportation.
•Perform annual risk assessments at each work site to verify accessible exit routes and adequate facility lighting.
North Suffolk will also pay the original OSHA fine of $7,000, which represents the maximum allowable penalty for a serious violation. The settlement becomes a final Occupational Safety and Health Review Commission order on September 5.